Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Rewards Network v. Zavee

Rewards Network v. Zavee

Ratings: (0)|Views: 44|Likes:
Published by PriorSmart
Official Complaint for Patent Infringement in Civil Action No. 9:13-cv-80753-WJZ: Rewards Network Inc. v. Zavee, LLC. Filed in U.S. District Court for the Southern District of Florida, the Hon. William J. Zloch presiding. See http://news.priorsmart.com/-l8Rf for more info.
Official Complaint for Patent Infringement in Civil Action No. 9:13-cv-80753-WJZ: Rewards Network Inc. v. Zavee, LLC. Filed in U.S. District Court for the Southern District of Florida, the Hon. William J. Zloch presiding. See http://news.priorsmart.com/-l8Rf for more info.

More info:

Published by: PriorSmart on Aug 02, 2013
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/02/2013

pdf

text

original

 
 
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF FLORIDA
REWARDS NETWORK INC., )a Delaware corporation, ))Plaintiff, ))v. ) Case No.)ZAVEE, LLC ) JURY TRIAL DEMANDEDa Florida limited liability company, ))Defendant. )
COMPLAINT FOR PATENT INFRINGEMENT
 Plaintiff, Rewards Network Inc. (“Rewards Network”), for its Complaint againstDefendant, Zavee, LLC (“Zavee”), seeking damages, injunctive relief, and other relief for patentinfringement, alleges as follows:
PARTIES
1.
 
Rewards Network is a corporation organized and existing under the laws of theState of Delaware. Rewards Network has its principal place of business at 2 North RiversidePlaza, Suite 200, Chicago, Illinois 60606.2.
 
On information and belief, Zavee is a limited liability company organized and existing under the laws of the State of Florida. On information and belief, Zavee has its principal place of business at 455 NW 35th Street, Suite 100, Boca Raton, Florida 33431.
JURISDICTION AND VENUE
 3.
 
This Court has jurisdiction over Rewards Network’s patent infringement claimsunder 28 U.S.C. § 1338(a).
 
 
2
4.
 
This Court has personal jurisdiction over Zavee because it is incorporated in thisDistrict.5.
 
Venue is proper in this district pursuant to 28 U.S.C. § 1400(b) because Zaveeresides in this District.
SUBSTANTIVE ALLEGATIONS
6.
 
On April 26, 2011, the United States Patent and Trademark Office issued U.S.Patent No. 7,933,841 (the “'841 Patent”) entitled System and Method for Providing Consumer Rewards, a copy of which is attached hereto as Exhibit A. The '841 Patent describes and claimsa method for providing an automated customer reward program.7.
 
Rewards Network is the owner of the entire right, title, and interest in the '841Patent.8.
 
Since the issuance of the '841 Patent, Zavee has infringed and is still infringingone or more claims of the '841 patent by operating its rewards program, which embodies the patented invention recited in one or more claims of the '841 Patent.9.
 
Since the issuance of the '841 Patent, Zavee has infringed the '841 Patent jointly,in conjunction with third parties operating under Zavee’s direction and/or control. Specifically,on information and belief, as a condition for participation in Zavee’s rewards program,merchants are contractually obligated to provide credit card transactional information regarding purchases made by Zavee’s customers (e.g., consumers enrolled in Zavee’s rewards program) toa credit card aggregator. Accordingly, third parties practice one or more step(s) recited in one or more claims of the '841 Patent under the direction and/or control of Zavee. The remaining stepsrecited in one or claims of the '841 Patent are performed by Zavee directly through the operationof Zavee’s rewards program.
 
 
 
3
10.
 
Zavee’s infringement will continue unless enjoined by this Court.11.
 
Zavee has caused Rewards Network to suffer, and unless enjoined by this Court,will cause Rewards Network to continue to suffer substantial injury, including lost profits, for which Rewards Network is entitled to damages adequate to compensate it for Zavee’sinfringement.
PRAYER FOR RELIEF
 WHEREFORE, Plaintiff Rewards Network respectfully requests judgment and relief against Zavee as follows:A.
 
A judgment that Zavee has infringed the '841 Patent;B.
 
An injunction against Zavee, its subsidiaries, affiliates, parents, successors,assignees, officers, agents, servants, employees, and all persons acting in concert or in participation with them, or any of them, permanently enjoining each of them from infringing,contributing to, or inducing the infringement of the '841 Patent;C.
 
Awarding Rewards Network damages adequate to compensate for Zavee’sinfringement of the '841 Patent, but in no event less than a reasonable royalty on Zavee’s use of Rewards Network’s invention;D.
 
Awarding pre-judgment interest on any damages award;E.
 
Adjudging that Zavee’s infringement of the '841 Patent is willful, and increasingZavee’s liability for damages up to three times the amount found or assessed;F.
 
Declaring that this is an exceptional case under 35 U.S.C. § 285, and for an award of increased damages, attorneys’ fees, and costs; and G.
 
Granting such other and further relief as the Court deems just and proper.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->